Hiramati Devi v. Muniya Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

SECOND APPEAL No.238 of 2006 ====================================================== HIRAMATI DEVI ... ... Appellant/s

Versus

MUNIYA DEVI and ORS ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Nagendra Rai For the Respondent/s :

Mr.Navin Nikunj ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-07-2019 Mr. Nagendra Rai holding power on behalf of the appellant submits that appellant has already taken file from him. This appeal stood dismissed against respondent No. 5 to 12, 16 and 17 on 10.05.2019 due to non compliance of peremptory order and the office placed this record whether the appeal shall survive against other respondents. The plaintiffs are respondents. The plaintiffs filed suit for declaration that compromise took place in Partition Suit No. 7 of 1976 in the court of Sub Judge-II Chapra and two sale deeds executed by defendant No.1 and defendant No.7 is illegal, void, inoperative and the same is not binding on the plaintiffs. The suit was decreed. The defendants preferred Title Appeal 37 of 1996 and the same was also dismissed thereafter the defendants preferred the present Second Appeal. Since the judgement is inseparable on account of the

Patna High Court SA No.238 of 2006(11) dt.05-07-2019 2/2 fact that compromise decree arrived at in Partition Suit No. 7 of 1976 is declared as illegal and the sale deeds executed by defendant No. 1 and 7 in favour of defendant 2nd set are also declared to be illegal and not binding on the plaintiffs. In this view of the fact, if the appeal is dismissed against respondent No. 5 to 12, 16 and 17 in order to avoid conflicting judgement, the appeal as a whole has to be dismissed.

Accordingly, this Second Appeal is dismissed. (Prabhat Kumar Jha, J) BKS/- U